Transitional Protection and the Housing Element

Hi All, I am currently in the process of managed migration. My first payment calculation has appeared in my UC Journal and it is incorrect in various ways, specifically:
1) LCWRA element not included
2) New Style ESA taken off off my UC, even though I am not receiving New Style ESA.
3) Housing Element less than my previous Housing Benefit.

All this means that I am receiving approximately 25% of what I was before. I can survive for a couple of months so I am not overly alarmed at this point as I presume that the necessary inter-department communication will take place and eventually the system will catch up with reality, at least in regard to 1) and 2).

However I do have some questions in regard to 3).
Firstly, a general question about TP.
I presume that it is meant to apply to the TOTAL sum one receives, and not to specific elements of it, in my case the Housing Element. Is that correct?

Secondly, does UC TP recognise and follow, as Housing Benefit did, the regulation that private tenants who were in receipt of Housing Benefit on 7 April 2008 are not affected by Local Housing Allowance unless there is a break in Housing Benefit entitlement or a person move or enter into a new private tenancy agreement.

I ask because this is precisely my situation. I've been in receipt of HB since just before 2008, and over the years my rent, while still very low for my area, has risen until it is now £20 a week above the Local Housing Allowance. The first and only payment calculation in my UC Journal says that no TP is warranted as the Housing Element cannot exceed the LHA.
So I am wondering if they are in fact correct in saying this?
Any replies would be appreciated. Thanks.

Hi David,
Many thanks for our reply and for consulting your colleague.

I thought I would give it a couple of weeks before drafting a complaint, as like I said, facts might catch up with the fiction that is currently my UC payment calculation. I do realise that I only have 30 days to make my complaint.

However I am still not clear on the Housing Element part. Your reply seems to suggest that Transitional Protection will cover the shortfall between my UC Housing Element award and the Housing Benefit that I used to receive. The difference is about £100 a month.
However the UC payment calculation in my UC Journal specifically said that UC can not pay more than the LHA. I note, as you say, that the UC does not recognise pre 7 April 2008 exemption, so on what grounds do you consider that they will they pay the difference? Is it because TP over-rides (as I think I read somewhere) other considerations and guidance?

Also returning to my OP, I am still not clear if TP is meant to apply to the TOTAL sum one receives, or to specific elements of it – in this case the Housing Element. Obviously the answer to this question might well be significant in regard to my main query.

Thanks again for your help on this. I have spoken to various people on various Helplines but they seem to have no knowledge of this area, and have simply referred me on. I have yet to get through to CAB though.

Hi David,
Many thanks for our reply and for consulting your colleague.

I thought I would give it a couple of weeks before drafting a complaint, as like I said, facts might catch up with the fiction that is currently my UC payment calculation. I do realise that I only have 30 days to make my complaint.

However I am still not clear on the Housing Element part. Your reply seems to suggest that Transitional Protection will cover the shortfall between my UC Housing Element award and the Housing Benefit that I used to receive. The difference is about £100 a month. However the UC payment calculation in my UC Journal specifically said that UC can not pay more than the LHA. I note, as you say, that the UC does not recognise pre 7 April 2008 exemption, so on what grounds do you consider that they will they pay the difference? Is it because TP over-rides (as I think I read somewhere) other considerations and guidance?

Also returning to my OP, I am still not clear if TP is meant to apply to the TOTAL sum one receives, or to specific elements of it individually – in this case the Housing Element. Obviously the answer to this question might well be significant in regard to my main query.

Thanks again for your help on this. I have spoken to various people on various Helplines but they seem to have no knowledge of this area, and have simply referred me on. I have yet to get through to CAB though.

Hi David,

Thanks for your reply, but to be honest, it does not dispel my confusion.

As I said “UC payment calculation in my UC Journal specifically said that UC can not pay more than the LHA.” 

You clearly have a different view, but I understand if you are too busy to elucidate as to why you do, or as to why my UC Journal calculation states what it states.

So if anyone else can shed light on this matter it would be much appreciated.

Thank you.
Lionloves